Hello!
I just made a new account. logged into my first character (a tauren monk) Leveld up to 10, queued timewalking dungeons and after the second one i get a “behavior warning” saying my communication is not in guideline with ToS…
The ONLY thing ive written is “Hey”
Do blizzard even look at this or can i legit be banned for no reason?
Is this on the same BNET as other WoW accounts? If yes, those warnings can appear on your current license as a reminder.
No as warnings you see top left or right are automated up to the point that they are reviewed.
You have agreed that they may ban you for any or no reason. Generally, a reason will be given and you may also appeal.
License or Account? If its just a license then I reckon your warnings will be shared across the same region in the very least if not the entire account for WoW at least.
Technically you can get silenced if you get enough reports. The system is automated. You will not get banned for the first offense (or first three. I don’t know. I just know that at some point silences turn into bans).
You can however appeal it and have it removed from your record (expect absolute horrendous ticket wait times which are unlike any other big company)
That part in the ToS is not valid. Not here (and I believe they removed that part in the ToS anyhow. In our ToS that is). Unless he lives in a country that does not prevent this like the US. You have to break the ToS for them to be allowed to ban you. Not even companies such as Twitch can ban you nilly willy (they lost a court case in Germany this year and had to revert a perma ban as it was ruled to go against the German constitution and their ToS werent broken by said streamer)
I can’t find this back, do you have a source?
German TOS has some specifics I do remember after reading through it the other day.
Kuchentv vs Twitch. Landgericht Braunschweig. They had to revert his perma as the judge pretty much told Twitch that otherwise this could cause severe consequences for twitch.
Twitch also accepted the verdict (they could have gone higher up in the german court system if needed). Pretty sure they just settled with having the bann reverted and thats it. Like no payment for “damages” of lost revenue or anything.
Seems like there’s a more detailed analysis in the comments here about it:
Important for the subsequent legal dispute: Twitch imposed the ban without warning KuchenTV or giving it the opportunity to respond to the allegations.
So Twitch’s fault here is that they didn’t warn them of a possible ban and/or denying a possible appeal communication. According the commercial law firm’s analysis that is.
Don’t know about destiny. I just know that the ruling in Kuchentvs case boiled down to Twitch has to state the reasons, didnt inform nor give opportunity to refute the supposed ToS breaking and he had to have broken the ToS he agreed on that were in line with EU and German law. Twitch also didnt state the reasons to the court and that was basically begging to lose the case (you don’t ignore such orders. If you do they can decide however they see fit pretty much. Not just the court. Pretty much every organ does this too and is allowed to if you fail to communicate without proper reason (like you being in a hospital or whatnot. Like you couldnt answer even if you wanted to basically.).
The court wanted to hear the reasons Twitch had for banning him. The only accepted reasons would have been ToS breaches as you cant be banned for something you weren’t made aware off in the first place.
They also had to prove he broke the ToS. A “We don’t like him” or a “We just say so” arent accepted reasons in Germany in the very least. A breach of contract has to be proven as otherwise the party is in breach of upholding the contract (twitch in that case)
Twitch is a platform, and has a totally different structure/incentive than a wow account which is a product license.
In wow’s case, they specifically state in blizzard end user license agreement (1.A.vi):
" 1. Your use of the Platform to interact with Blizzard and other players is governed by Blizzard’s Code(s) of Conduct (the “Codes of Conduct”) and in-game policies (the “In-game Policies”). The Codes of Conduct and In-Game Policies are not meant to be exhaustive. The Codes of Conduct and In-Game Policies are incorporated into this Agreement by this reference, and are available on Blizzard’s Customer Support database, located here. Please note that violation of any of Blizzard’s Codes of Conduct (including with regard to Your use of Blizzard’s Websites and Forums) may result in penalties against your Battle.net Account, including suspension and/or termination of Game licenses."
And you can check that the code of conduct is so vague about behavior and communication that it would be as easy as it is for them to ban you.
Keep in mind that as opposed to the twitch case, where the individual had a large following and a monetary incentive to fight this case, doing the same for a wow account would be miles harder. Mainly because of how costly this would be, and how different the CoC/EUA is.
This is considered desinformation.
Random people have asked others to organised spam report them which is considered abuse of GM time. They make videos about this to get engagement and clicks to which it continues perpetuating whilst hiding facts.
If this is true, then why do we still have bots in the game? Even worse, why are some very controversial streamers still able to stream? All you need is after all, a group of players to report them right?
Why has nobody started a vigilante anti-bot group?
The most that can be given is a squelch upon which the account gets its social functions muted until a GM reviews it for a penalty or removes it. This has been repeatedly posted over at the US CS forums too when players claim to have been “mass-reported”.
That isnt the point. Its German law in the very least (and pretty sure EU too) that they (the company) has to state a breach of contract. If you havent done so in Germany the ban is invalid. This is the basis the court used in their ruling against Twitch. They violated the basics of a contract.
This does not in any shape or form negate what I said. It does in fact support my claim. Saneko said they can ban without reason. I said they cant and have to state the reason (breach of ToS. As you quoted. The CoC can be included in the ToS.)
In that case you could still go to a court who then rules whether their assumption makes sense or not. The court in this case has the highest level of authority. If the court doesnt agree with Blizzard in that case then Blizzard cant do anything other than try to appeal the decision.
Blizzard won’t (perma)ban you over something so basic and vague. They will at best give you a temporary silence or 1-3 day bann (which you can appeal and have removed). And nobody would go to court over such small penalties.
Costly isnt a thing in Germany. This isnt the US. They arent as expensive as you believe and if needed you can even have the cost covered by the state (assuming the lawyer says the odds for winning are reasonably high).
I’m not very sure about it, I follow certain digital cases too and for example Microsoft is very trigger happy with bans but almost all court cases do not get overturned or only a handful partially by allowing consumers to download their data.
Thanks to that even in a permanent ban, you may still be able to download your data at certain companies nowadays if it goes down the hatch.
The cost for any sort of legal action is 0 if you win, as most lawyers will happily charge the other side if they think you’ll win.
The problem is that you consent to the possibility of being banned, and as such there is no breach of contract when they ban you.
Blizzard however frown upon discussion of game master actions on the forums, so posting about it here will do nothing other than potentially make your penalty worse.
Can you elaborate the bans? Like where and what do they ban for and how much does it affect the people? Like can they just make another account and have full access again at zero cost?
As for the downloading: I mean once you’ve bought the license the data attached to that license is yours to use. As long as you don’t use it to profit from (like you burn it on a disc and then sell the disc etc). In Germany anyway.
But yes, Germany isnt really “company friendly” when it comes to such stuff. Which may explain why companies CBA going to court in germany.
Real reason you got reported 
It’s an article in dutch but you can auto-translate:
I’m aware of the new DSA 
that is why I’ve been wondering if things will change around here and elsewhere.
So Microsoft breaks the law but hasnt been sued yet. So unless someones sues them at an EU court I don’t think anything is going to change. A classical case of “Where there is no plaintiff there is no judge” (its a saying in german. Annoying to translate 1:1)
My point is that they can ban without any REAL reason, because your only chance of fighting that is through blizzard’s system. If they deny that you cannot really do anything.
The reason that I say that you cannot do anything, is that even if you in fact get a lawyer, you have nothing to go off other than your “say”. Blizzard has all your logs/chats/information that you used all those years, they can cherry pick any information as “evidence” to support your ban, without you being able to counter (since you cannot keep logs for yourself).
I hope I explained how it is impossible to “fight” a ban from blizzard through a court, as opposed to one through a platform that was publicly broadcasted for all to see.
It depends what levels you’re willing to go for. You could take a lawyer and go to court (again if you win your cost is zero in germany and likely in a lot of other european countries too). Blizzard can’t deny a court order (without paying a hefty fee or even potentially loosing market access)
False. Blizzard would be ordered by the court to state the reaso for the bann and prove it. Its the same that was demanded by the court in the Twitch case. Twitch ignored this order and as a result the court ruled against twitch by default.
These logs would have to be laid open at court whether Blizzard wants to or not. The court also has to agree with that and question whether something that is years ago as valid for a punishment in the present. It is not a case of black and white.
I have already explained to you it doesnt matter whether its a platform or not. Twitch violated the basics laws in germany when it comes to contracts. The same laws Blizzard has to abide to. If they cant proof a breach of contract (that the court agrees with. This is vital. Blizzard doesnt hold the authority here, its the state that is being represented by the court) the ban will be deemed invalid by the court. Yes Blizzard can ignore the verdict (as can every oversea company) but that will come at a hefty cost)
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